kahama oil mills ltd vs sgs societe generale de surveillance and another 2020 tzhccomd 2111 11 december 2020

kahama oil mills ltd vs sgs societe generale de surveillance and another 2020 tzhccomd 2111 11 december 2020

The defendants exhibited gross negligence by issuing a certificate of conformity without proper inspection, verification, or testing, and failing to seal containers or seek TBS directions. The goods supplied did not conform to the specifications ordered, causing financial loss to the plaintiff. The defendants are liable for special and general damages as pleaded.

Citation
kahama oil mills ltd vs sgs societe generale de surveillance and another 2020 tzhccomd 2111 11 december 2020
Parties
Plaintiff: Kahama Oils Mills Limited; 1st Defendant: SGS Societe Generale de Surveillance SA; 2nd Defendant: SGS-CSTC Standards Technical Services Company Limited - Tianjin, China; 3rd Defendant: SGS Tanzania Superintendence Co. Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
11 December 2020
Procedural Posture
Commercial Case / Final Judgment
Outcome
Suit allowed with costs
Legal Topics
Negligence, Duty of Care, Special Damages, General Damages, Pre Export Verification of Conformity, Breach of Contract
Source Language
English
Contract Law Tort Law Negligence Duty of Care Special Damages General Damages Pre Export Verification of Conformity Breach of Contract

Case Brief

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Parties

Kahama Oils Mills Limited

Plaintiff

SGS Societe Generale de Surveillance SA

1st Defendant

SGS-CSTC Standards Technical Services Company Limited - Tianjin, China

2nd Defendant

SGS Tanzania Superintendence Co. Limited

3rd Defendant

Procedural Posture

Commercial Case / Final Judgment

Legal Issues

  1. 1 Whether the PVC resin ordered had specific specifications
  2. 2 Whether the certificate issued by the defendants conformed to the specifications
  3. 3 Whether the 2nd defendant was involved in staffing the goods into containers

Ratio Decidendi

The defendants exhibited gross negligence by issuing a certificate of conformity without proper inspection, verification, or testing, and failing to seal containers or seek TBS directions. The goods supplied did not conform to the specifications ordered, causing financial loss to the plaintiff. The defendants are liable for special and general damages as pleaded.

Court Disposition

Suit allowed with costs

Orders

  • Declaration of gross negligence against defendants
  • Payment of special damages of Tshs.417,557,349